Concerns Raised Over Promotion of Corrupt,controversial RTO Bharat Dinkar Kalaskar Amidst Ongoing Criminal Court Case and ACB Investigation
Reference-1) Government of Maharashtra, General Administration Department, Circular No. SRV 2018/Pr.No.208/Work-12 dt.05-09-2018 2) Government of Maharashtra, General Administration Department, Government Decision No.SRV-2015/Pr. No.310/Work.12 dated 15-12-2017
1) Regional Transport Officer Bharat Kalskar, who is enrolled in the Transport Department, has been sent to the Transport Commissioner by order No. 195/Praka/K.8(1)/Charge Order/2024, J. No. 11064 dated 03-10-2024 and other cum Transport Commissioner/ The Additional Transport Commissioner or the structure has been handed over by setting aside the above mentioned government decision regarding charge.
2) The letter dated 5 September 2018 regarding assigning additional charge to Shri Bharat Kalskar has not been taken into consideration.
3) The competent authority appointing the Assistant Transport Commissioner/Additional Transport Commissioner or the post is the Government. Therefore, as per Rule 7 of MNS (Pay) Rules, 1981, since the Government has not been given the authority to give additional charge to the Transport Commissioner, the Rosary order dated 03.10.2024 given regarding giving additional charge to Shri Bharat Kalskar of Sadar post was canceled by the Government as it was outside the rules.
4)Mr. Kalsakar is about to be given additional charge at two steps higher. In giving such charge the court cases pending against him were not taken into consideration. Date. 05-09-2018 There is an inherent provision in the circular mentioned in the matter of employment that additional charge can be assigned to officers under investigation if new reasons are likely to impact their investigation. Court case/SIT against Shri Bharat Kalaskar. The ongoing investigation/controversy regarding their corruption and misappropriation is likely to have adverse effects. This matter has not been taken into consideration.
5) In accordance with the Government decision dated 15 December 2017, instructions have been issued regarding what procedure should be followed for giving promotions to officers/employees whose departmental enquiry/court cases are pending. Sadar circular issue no. 1(a) It is mentioned in this that, if the court case of criminal charges against the officer/employee is pending, such officers should not be promoted, their case should be kept in a sealed cover and if the case is taken out, further action should be taken to open the sealed packet. This provision is implicit in Shri Bharat Kalskar. Since a criminal rate petition is pending against him in the Mumbai High Court, he will not be given promotion till the decision of the court case against him is made, similarly, since he is not eligible for promotion, the government is requested to remove the additional charge assigned to him. 6) Police at Nashik At that time, by taking the intervention of the allegations of corruption, misappropriation, misuse of rights etc., SIT would have been established and through them, Mr. Kalsakar would have been interrogated, the Sadar’s report is pending with the Director General of Police/Government, before giving promotion to such officers, the above mentioned date 15-12-2017 Rojiya’s administration. Difficulty in taking the provision into consideration while making decisions.
7) The Hon’ble Supreme Court has given a judgment in the case of Janakiraman against the Central Government regarding not giving promotion to those officers against whom the court case is pending/departmental inquiry is underway. Considering the findings of the adjudication, Mr. Kalskar’s willingness to take additional charge and promotion in the future may amount to contempt of the order of the Honorable Supreme Court. Considering the above action, the Government is requested to direct the Transport Commissioner to take the following action.
1) To remove the charge of Additional Transport Commissioner or post given to Shri Bharat Kalskar.
2) Mr. Kalsakar should be given promotion to senior post as per the Rozi Government decision dated 15-12-2017.
3) Under the Maharashtra Civil Services Discipline and Appeal Rules, 1979, he should not interfere in any new and unauthorized way in the complaint against Mr. Kalskar in a biased manner while the investigation is pending. Or he may be placed under suspension as per the order
